Dobson v Thames Water [2009] EWCA Civ 28

Written By Nicolas Heyes

Court of Appeal

Basic Facts: T, a child, lived in a house where his parents were awarded damages for nuisance caused by Thames Water. T sought damages under Article 8 of the HRA despite having no proprietary interest in the property.

Issue for the Court: Can a person without a proprietary interest claim damages under Article 8 of the HRA for nuisance affecting their living conditions?

Held

Waller LJ:

  • Only those with a sufficient interest in land can claim in private nuisance.

  • In cases of nuisance without property damage or personal injury, only those with an interest in the property can claim damages.

  • The court sympathized with the argument but noted that damages awarded to landowners might cover the loss of amenity suffered by all residents, which would affect any additional claims.

Nicolas Heyes
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